[2021] KEHC 6277 (KLR)
The court found that the contemnor did not willfully commit contempt, had already purged the contempt, and demonstrated remorse. As a first offender and an honest professional, the contemnor's mitigation was accepted. The court exercised its discretion to pardon the contemnor, emphasizing the importance of purging...
Source-derived case information.
- Citation
- [2021] KEHC 6277 (KLR)
- Parties
- Applicant: Guardforce Group Limited; Respondent: Public Procurement Administrative Review Board; Interested Party: Pwani University; Interested Party: The Accounting Officer, Pwani University; Interested Party: Catch Security Links Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Judgment Date
- 2 June 2021
- Case Number
- Judicial Review 32 of 2020
- Procedural Posture
- Judicial Review / Ruling on Contempt Mitigation
- Outcome
- contemnor fully pardoned; no further sanction imposed
- Judges
- DO Ogembo
- Legal Topics
- Contempt of Court, Mitigation, Purging Contempt
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guardforce Group Limited
Applicant
Public Procurement Administrative Review Board
Respondent
Pwani University
Interested Party
The Accounting Officer, Pwani University
Interested Party
Catch Security Links Limited
Interested Party
Procedural Posture
Judicial Review / Ruling on Contempt Mitigation
Legal Issues
- 1 Whether the contemnor should be punished for contempt of court in the circumstances presented.
- 2 Whether mitigation and purging of contempt warrant pardon.
Ratio Decidendi
The court found that the contemnor did not willfully commit contempt, had already purged the contempt, and demonstrated remorse. As a first offender and an honest professional, the contemnor's mitigation was accepted. The court exercised its discretion to pardon the contemnor, emphasizing the importance of purging contempt and showing remorse as grounds for leniency.
Court Disposition
contemnor fully pardoned; no further sanction imposed
Orders
- The contemnor is fully pardoned for the contempt.
- No further orders as to punishment or costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW NO. 32 OF 2020
GUARDFORCE GROUP LIMITED..............................................EX PARTE APPLICANT
VERSUS
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD.........RESPONDENT
AND
1. PWANI UNIVERSITY
2. THE ACCOUNTING OFFICER, PWANI UNIVERSITY
3. CATCH SECURITY LINKS LIMITED........................................INTERESTED PARTIES
RULING
1. I have considered the mitigation of the contemnor and his counsel. This Court takes notice that the contemnor, a very busy professor of a University, has honoured summons to appear and mitigate.
2. This Court also notes that the contempt was not willfully done and that subsequently the contemnor has already purged the contempt. Further, the contemnor is a first offender, is remorseful and comes across as an honest professional. This Court is satisfied that the contemnor deserves the mercy of this Court and so, this Court hereby fully pardons the contemnor.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 2ND DAY OF JUNE,2021
E. K. OGOLA
JUDGE
Ruling delivered via MS Teams in the presence of:
Ms. Mureithi for 1st and 2nd Interested Parties
Ms. Mwangi holding brief Ms. Barasa for Ex parte Applicant
Mr. Ondieki for 3rd Interested Party
Ms. Peris Court Assistant